NOTES IN INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM Prepared by

Rico O. Soledad, RCrim

CHAPTER I: Historical Development and Principles of Criminal Justice

Law is that which is laid down, ordained or established. A rule or method according to which
phenomenon or actions coexist or follow each other. (Black’s Law Dictionary)
Most of the laws are penal in nature. Penal law are those acts of the legislature which prohibit
certain acts and establish penalties for their violations; or those that define crimes, treats of their
nature, and provide for their punishment. (Lacson v. Exec. Secretary, G.R. No. 128096, January
1999).
Looking at the definition of penal law above, crime exists because of the law that prohibits it. As
the Theory of Logomacy states, nullum crimen nulla poena sine lege or there is no crime
where there is no law punishing it.
Laws are created in response to the conduct of human in the society. The states, as part of their
police power, have a large measure of discretion in creating and defining criminal offenses.
(People v. Santiago, 43 Phil. 120, 124). With that note, law vary from country to country, city to
city, municipality to municipality, and barangay to barangay. Laws are not all the same since
they matter on the intent of the lawmaking body; the legislative branch of the government.
Concepts of Crime, Law, and Justice
The 1987 Philippine Constitution created the three great powers of the government, where one
of the basic repercussions is the separation of powers. They are also considered to be the
branches of the government. These are the following:
1. Legislative Branch- consists of a Senate and a House of Representatives. Power to create
laws lies in this branch.
2. Executive Branch- composed of the Office of the President. The President has the power to
create Presidential Decrees during Martial law, Executive orders, Proclamation numbers, and
Administrative Orders that have power and effect of laws.
3. Judicial Branch- power to check and balance the constitutionality of the laws created.
Limitation on the power of the lawmaking body to enact penal legislation. The Bill of
Rights of the 1987 Constitution imposes the following limitations:
1. No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22)
2. No person shall be held to answer for a criminal offense without due process of law. (Art. III,
Sec. 14 [1])
Ex post facto law makes an act done before the passage of the law and which was innocent
when done, and punishes such an act.
Bill of Attainder is a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative act for a judicial determination of guilt.
The scope of Criminal Justice System is anchored on the violation of laws that are criminal in
nature. It could be a violation of public or municipal law or a special penal laws. The Revised
Penal Code (RPC) or act no. 3815 is considered to be the public or municipal law in the
Philippines. The code is called Revised Penal Code because it was a revision of the Old Penal
Code of Spanish text. The revision is intended to incorporate and takes into consideration the
existing conditions, the special penal laws, and the rulings laid down by the Supreme Court. The
committee that revised the Code was created by Administrative Order No. 94 of the Department
of Justice, dated October 18, 1927, composed of Anacleto Diaz, as chairman, Quintin Paredes,
Guillermo Guevara, Alex Reyes, and Mariano H. de Joya as members.
The RPC, as enacted by the Philippine Legislature, was approved on December 8, 1930 and
took effect on January 1, 1932.
Criminal Law is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
Sources of Philippine Criminal Law:
1. The RPC (Act No. 3815) and its amendment;
2. Special Penal laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa;
and
3. Penal Presidential Decrees issued during Martial Law.
Define Criminal Justice System.
Criminal Justice System is defined as the machinery of the State or government, which enforces
the rules of conduct necessary to protect life and property and maintain peace and order.

✔ It is the system in the community charged with direct responsibility for the prevention,
reduction and control of crime.

✔ It operates by linking the police, prosecuting agencies, courts, correctional institutions, and
the mobilized community to form an operational cycle designed to promote justice for criminal
victims as well as those who are accused and convicted of crimes.

✔ It is “the system or process in the community by which crimes are investigated, and the
persons suspected thereof are taken into custody, prosecuted in court, and punished if found
guilty, provision being made for their correction and rehabilitation.” (Handbook on the Courts
and the CJS, by Chief Justice Andres Narvasa, 1996, p27)
What is the event that calls for the operation of the Criminal Justice System? Why? Crime
is the event that calls for the operation of the criminal justice system.
When a crime is committed, it disturbs the tranquility and harmony of the society. Such event
call upon the police to initiate police intervention by way of investigation or apprehension of
those who violated the law; the prosecutor to prosecute the case; the court to determine the guilt
of the accused; and the rest of the system to follows as incumbent upon their role in the criminal
justice process.
Enumerate some of the legal principle or maxims regarding a crime or a criminal act.
1. “Nullum crimen nulla poena sine lege” That is – There is no crime when there is no law
punishing it.
2. The maxim is, “actus non facit reum, nisi mens rea”- A crime is not committed if the mind of
the person performing the act complained be innocent.
3. The maxim is “Actus me invito factus, non est meus actus”- An act done by me against my
will is not my act.
4. Crime are either “mala en se” and “mala prohibita”. The first set of crimes refer top those that
are naturally criminal on moral grounds while the second set of crime pertain to those acts that
have been criminalized for regulatory purposes. Murder is an example of a mala en se while
illegal possession of firearms and ammunition is an example of mala prohibita.
What are the five pillar of the Criminal Justice System in the Philippines?
In the Philippine Setting, the following are the pillars or components of the Criminal Justice
System:
1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Community
The first four components are the so-called formal Criminal Justice System. Outside the formal
organization, however, the community is the basic element or informal pillar and considered the
fifth component or pillar of the entire Criminal Justice System.
Give the three (major) components of the American Criminal Justice System. The following
are the major components of the American Criminal Justice System:
1. Law Enforcement
2. Courts
3. Corrections
What are the Stages of the Criminal Justice Process?
There are five (5) stages in the criminal justice process:
1. Arrest - it is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
Two distinct sequences of steps following the detection of a crime:
Police Observation – Arrest – Booking – Investigation
Complaint – Investigation – Arrest – Booking
2. Charging – the prosecution will decide whether the suspect will be tried for the commission
of a crime.
Complaint – is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the
law violated.
Information – is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
3. Adjudication – formal charges are filed against the accused.
▪ Defenses against Criminal Charges:

✔ The Defense of Alibi – is simply a claim by the defendant that he or she was in another place
when the crime occurred and therefore could not have
committed it provided that it should be supported by witnesses and other evidence.

✔ The Defense of Insanity – is a claim that the defendant should be exonerated from criminal
responsibility because she or he was suffering from a mental condition or mental incapacitation.

✔ The Defense of Instigation – if the defendant can establish that he or she would not have
committed the crime were not for the encouragement or compulsion of law enforcement agents,
he/she is not criminally liable.

✔ The Defense of Duress – is based on the claim that the act was the result, not of any intent on
the part of the accused, but of threats of loss of life, limb, or a loved one.

✔ The Defense of Consent – the defense that the victim consented to the act for which the
accused stands charged.
✔ The Defense of “Violation of the provisions of the Bill of Rights” – this defense is invoked if
the State or its agents violated the right of the
defendant in obtaining evidence to prove the latter’s guilt.
▪ Trial Procedures:

✔ The prosecution shall present evidence to prove the charge;

✔ The accused may present evidence to prove his defense;

✔ The prosecution and the defense may, in that order present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice permits them to present additional evidence;

✔ Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision. (RoC, Rule 119, Sec. 11)
▪ Judgment – in a criminal case, the judgment of a court must state whether the accused is guilty
or not guilty of the offense charged and impose on him the proper penalty and civil liability, if
any.
4. Sentencing

✔ The judge will consider all circumstances surrounding the case and it is his duty to apply the
provisions of the law in rendering punishment or sentence against the accused.

✔ Two aspects of Sentencing:

1. Type – refers to the facility or program to which the defendant is assigned. 2. Severity – refers
to the length of jail service or amount of fine imposed.
5. Correction – involves the convicted person’s serving of the sentence imposed. It is the stage
where the offender will be reformed and rehabilitated prior to his reintegration in the
community.
Law Enforcement: The First Pillar in the Criminal Justice System (CJS)
What is Law Enforcement in relation to the CJS?
The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover’
of the Criminal Justice System. It is considered as “the initiator of the actions” that the other
pillar must act upon to attain its goal or objective. Some authors would state that without the
police initiating the action, the System would be at a standstill.
Examples of Police initiating action:
∙ Effecting an arrest
∙ Surveillance
∙ Crime investigation
∙
What in general are the functions of the Law Enforcement in relation to the
Administration of the CJS? Explain each.
a) To prevent criminal behavior- Prevention involves all the factors directed towards eliminating
the cause of crimes.
b) To reduce crime- Crime reduction essentially means eliminating and reducing opportunities
for criminal behavior.
c) To apprehend and arrest offenders- this function includes crime investigation and gathering
evidences that could withstand the scrutiny of the court.
d) To protect life and property- Protecting life and property is essentially the purpose why the
PNP is created.
e) To regulate non-criminal conduct- this involves the Community Service and Order
Maintenance functions of the PNP.
The following are some of the Law Enforcement Agencies in the Philippines: PNP- Philippine
National Police
NBI- National Bureau of Investigation
PCG- Philippine Coast Guard
PPA- Philippine Ports Authority
AFP- Armed Forces of the Philippines
AMLC- Anti-Money Laundering Council
PDEA- Philippine Drug Enforcement Agency
BI- Bureau of Immigration
BoC- Bureau of Customs
OMB- Optical Media Board
NAPOLCOM- National Police Commission
IPOPHIL- Intellectual Property Office
PAOCC- Presidential Anti-Organized Crime Commission
PCTC- Philippine Center on Transnational Crime
PHILPOST- Philippine Postal Office
NICA- National Intelligence Coordinating Agency
BIR- Bureau of Internal Revenue
OTS- Office of Transport Security
MMDA- Metro Manila Development Authority
DENR- Department of Environment and Natural Resources SEC- Securities and Exchange
Commission
LTO- Land Transportation Office
MIAA, APD- Manila International Airport Authority, Airport Police Department OSG- Office of
the Solicitor General
DOLE- Department of Labor and Employment
PPA- Philippine Ports Authority
POEA- Philippine Overseas Employment Administration
NTC- National Telecommunication Commission
CAAP- Civil Aviation Authority of the Philippines
DOF- Department of Finance
OMBUDSMAN- Office of the Ombudsman
IACAT- Inter-Agency Council Against Trafficking
What are the premier Law Enforcement Agencies in the Philippines tasked to enforce
criminal law?
The following are some of the Law Enforcement Agencies tasked to enforce Criminal Law:
a) The Philippine National Police
b) The National Bureau of Investigation
c) The Bureau of Internal Revenue in cases of tax evasion.
The Philippine National Police
What government agency has the primary mandate to perform police functions under the
constitution?
Pursuant to the provision of the Constitution, the Congress of the Philippines is mandated to
“establish and maintain one police force, which shall be national in scope and civilian in
character, to be administered by the national police commission.” Art. XVI, Sec. 6, Philippine
Constitution
Congress in compliance to this mandate enacted R,A 6975 establishing the Philippine National
Police. Hence pursuant to the above statute, it is the PNP that is primarily charged to perform
police functions throughout the Philippines.
How the PNP came about?
The PNP came about through a legislative act by Congress pursuant to the Constitutional
mandate to establish one police force throughout the Philippines.
When it was established?
It was established on January of 1991, the date of its effectivity.
Has there been a reorganization of the PNP? Explain.
Yes, there has been a reorganization of the PNP by virtue of the enactment of R.A 8551 on
February 28, 1998 entitled, “The Philippine National Police Reform Act of 1998.” Sec. 1 R.A
8551.
Under this law, the PNP shall be a community and service oriented agency responsible for the
maintenance of peace and public safety.
In reorganizing the PNP, what criteria were followed by the National Police Commission
(NAPOLCOM) its implementation?
Subject to the limitations provided by this Act the Reorganization must be based on the
following criteria:
a) Increased visibility through dispersal of the personnel from headquarters to the field
offices…
b) Efficient and optimized delivery of police services to the community.
Under R.A 6975, what are the specific power and functions of the PNP? The following are
the powers and functions of the PNP
1) Enforce all laws and ordinances relative to the protection of lives and properties; 2) Maintain
peace and order and take all the necessary steps to ensure public safety; 3) Investigate and
prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in
their prosecution;
4) Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
5) Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all his rights under the Constitution; R.A 7438 6) Issue licenses for the
possession of firearms and explosives in accordance with law; 7) Supervise and atrcontrol the
training and operation of security agencies, and to security guards and private detectives, for the
practice of their professions and
8) Perform such other duties and exercise all other functions as may be provided by law.
Basically, the powers enumerated under R.A 6975 can be categorized into four, what are
they?
1. Order Maintenance
2. Community Service
3. Law Enforcement
4. Neighborhood Policing/Team Policing/ Community Policing
Crime Detection
What is crime detection in relation to the administration of the criminal justice system?
Through crime detection, the police are typically the first component of the justice system to
deal with the commission of the crime.
How is crime detected?
The detection of crime usually occurs on the following manner:
a) The most typical way that crimes come to the attention of the police is for the victim to report
its occurrence to the police.
b) A less typical way for the police to be advised of the crime is through the reporting of
someone who has witnessed its commission or has come upon evidence indicating that a crime
has been committed.
c) The police themselves, through their proactive routine operations discover that a crime has
been committed or has witnessed its commission.
What is the most important part of crime detection?
An important part of crime detection may be the result of an aggressive police work.
Experienced police officers and detectives sometimes concentrate their surveillance operations
and investigate efforts on persons, situations, or places in which past experience has taught them
that criminal behavior is likely.
Example, conducting a buy-bust operations.
What is buy-bust operation?
Buy-bust operation is also known in legal and police parlance as a form of entrapment. This
simply means that ways and means are resorted to by the police officers in order to catch a law
violator as distinguished from instigation wherein the police basically induced the person into
committing a crime.
In entrapment, a person caught by the police is criminally liable for the crime committed; while
instigation, the person induced is not criminally liable; however the police officer who induced
the latter may be held criminally, civilly and administratively liable.
Arrest and Search Warrant
Define Arrest
Arrest refers to the taking of the person into custody in order that he may be made to answer for
the commission of the crime.
What is the importance of arrest in the administration of CJS?
Arrest is important in the Administration of Criminal Justice System because if the accused is
not arrested, the court will not acquire jurisdiction over his person unless the person voluntarily
surrenders himself to the authorities.
Under the law, the court cannot proceed with the trial of the person without his presence or in
absentia. This is in consonance with the constitutional requirement that the accused must have
the right to be heard and to be informed the cause and accusation against him.
The only exception when the presence of the accused in court may not anymore be required us
when he has been identified by the witness and when the accused has already been arraigned.
Define Probable Cause in effecting arrest.
Probable cause with respect to arrest is such fact and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed by the
person sought to be arrested.
How should arrest be made?
An arrest is made by an actual restraint of the person to be arrested, or by his submission to the
custody of the person making the arrest. No violence or unnecessary force shall be used in
making an arrest, and the person arrest shall not be subject to any greater restraint than is
necessary for his detention (Sec. 2, Rule 113, Rules of Court)
What is the general rule in effecting an arrest? Its reason.
The general rule in effecting an arrest is simply to make an arrest ONLY when there is a
WARRANT.
The reason:
a) For the protection of the person making the arrest in order not to be charged criminally for
violation of Art. 124 or Art. 125 of the RPC and other related penal laws; b) Also to preclude the
filling of any civil and administrative charges against the arresting officer.
What is the duty of the officer executing the warrant of arrest?
The following are the duties of the arresting officer
a) To arrest the accused without unnecessary delay and to deliver him to the nearest police
station or jail;
b) The officer shall inform the person to be arrest and of the fact that a warrant has been issued
for his arrest, except when he flees or forcibly resists before the officer has the opportunity to so
inform him or when the giving of such information will imperil the arrest. The officer need not
have the warrant in his possession at the time of the arrest, but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as possible.
c) To inform the person arrested about his rights under the Constitution and for the Police to
observe the mandate of R.A 7438
Right of Person’s Arrested, Detained, or under Custodial Investigation; Duties of Public
Officers. R.A 7438
a) Any person arrested, detained or under custodial investigation shall at all times be assisted by
counsel.
b) Any public officer or employee, or anyone who arrests, detains or investigates any person for
the commission of an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent counsel, preferably of
his own choice, who shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford the services of his
counsel, he must be provided with a competent and independent counsel by the investigating
officer.
c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb-marked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
d) Any extrajudicial confession made by the a person arrested, detained or under custodial
investigation shall be in writing signed by such person in the presence of his counsel or in the
latter’s absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise such waiver shall be null and void and of no
effect.
f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor of priest or
religious minister chosen by him or by any member of his immediate family or
by his counsel, or by any national non-government organization duly accredited by the
Commission on Human Rights or by the international non-governmental organization duly
accredited by the Office of the President. The person’s “immediate family” shall include his or
her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle
or aunt, nephew or niece, and guardian or ward.
Define warrant of arrest.
It is an order in writing issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to take into custody the person identified
therein and bring him before the court
What are the requisites of a valid warrant of arrest?
The requisites of a valid warrant of arrest are the following:
1. It shall be issued upon probable cause;
2. The probable cause is determined personally by the judge upon examination under oath or
affirmation of the complainant and the witnesses he may produce; and 3. Particularly describing
the person to be arrested.
Within what period should the warrant of arrest be enforced?
The head of the office to whom the warrant of arrest has been delivered for execution shall
cause the warrant to be executed within ten (10) days from receipt thereof (Sec. 4, Rule 113).
What is the duty of the officer after the expiration of ten (10) days from receipt of the
warrant of arrest?
Within ten (10) days after the expiration of such period, the officer to whom it was assigned for
execution, shall make a report to the judge who issued the warrant and, in case of his failure to
execute the same, shall state the reasons therefore (Sec. 4; Mamangon v. CFI, August 30,
1990).
What is the exception to the general rule in arrest?
The exception to the general rule is provided by the Revised Rules on Criminal Procedures. Rule
113, Sec. 5. Warrantless Arrest
A police officer or a private person may, without warrant, arrest a person:
a) When, in his presence. The person to be arrested has committed, is actually committing, or is
attempting to commit an offense; (In flagrante delicto)
b) When an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts and circumstances that the person to be arrested has committed it;
(Hot Pursuit)
c) When the person to be arrested is a prisoner who has escaped from penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
What is the general rule in effecting Search and Seizure?
Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validity
issued Search Warrant.
The reason:
a) For the protection of the searcher not to be charged of a crime of theft, robbery and the like;
cjs
Define Search Warrant.
A search warrant is an order in writing issued in the name of the People of the Philippines
signed by the judge and directed to the peace officer, commanding him to search for personal
property and bring it before the court.
What are the requisites for the issuance of a search warrant?
A search warrant shall be issued only upon probable cause in connection with one specific
offence to be determined personally the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce and particularly describing the place to be search
and the thing to be seized.
What are the personal properties to be seized?
The following are the property to be seized:
a) Subject of the offense;
b) Stolen or embezzled and other proceeds, fruits of the offense; or
c) Used or intended to be used as the means of the commission of the offense. What is the
exception?
Unlike warrant of Arrest, the rule as well as lines of jurisprudence has provided for a number of
exception to the general rule on Search Warrant, to wit:
a) Warrantless search incidental to a lawful arrest under Sec. 12 Rule 128 of the Rules of Court;
b) Seizure of evidence in plain view;
c) Search of a moving vehicle;
d) Consented warrantless search;
e) Customs search;
f) Stop and Frisk search; and
g) Exigent and emergency circumstances
What is the reason for the limitation in the exercise of these powers by the police? The
reason for the limitation is provided by the Constitution.
Art. III, Sec. 1-3, Phil. Constitution
Sec. 1 No person shall be deprived of life, liberty, and property without due process of law nor
shall any person be denied the equal protection of the law.
Sec. 2 The right of the people to be secured in their persons, houses, papers and effects against
unreasonable searches and seizures of whatever the nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant or the witnessed he may be produce, and particularly describing the place to be
searched and the person or things to be seized.
Sec. 3 (2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
What is the purpose of patrol? Explain
The main purpose of patrol is to provide police visibility.
By providing police visibility, the patrol officers creates a basic street psychological effect, that
is:
1. It creates a feeling of fear to the would-be-offender; and
2. A feeling of security and safety to the law abiding citizen.
In connection with the above, it is but only logical that the presence of a police officer
eliminates the opportunity on the part of the would-be-violator to commit a crime.
OPPORTUNITY being one of the elements in the commission of the offense, the other is
DESIRE. By eliminating the opportunity, a crime cannot exist anymore because the two
elements must co-exist.
Other authors suggest that the presence or lack of INSTRUMENT or TOOLS may be a
consideration if the crime committed. Others suggests that the question of CAPABILITY of the
would-be offender can be an element to consider if the crime can be committed.
However, no one can really prevent a determined person to commit a crime.
Criminal Investigation
What is the importance of criminal investigation in the administration of CJS?
Criminal Investigation is important in the administration of the CJS because one of the purpose
of criminal investigation is to gather and preserve evidence that will justify their enforcement
action in the particular case as well as enable the fact-finding process of the courts and the
prosecution of the case successfully and obtain conviction.
Define Criminal Investigation.
Criminal Investigation is an art, which deals with the identity and the location of the offender
and gather evidence of his guilt in criminal proceedings.
As already discussed, to dispense justice, the CJS must be able to establish with certainty the
identity of the accused, locate the offender so that he may be arrested so that he will be made to
answer for the crime committed.
However, investigation also serves one important function in CJS. Through it, evidence that will
be required in judicial proceedings should be identified, located and gathered by the
investigator. Furthermore, said evidence should be able to withstand the scrutiny of its
administration in court proceedings.
Who is an investigator and what are the qualities of a good investigator?
An investigator is one who is charged with duty of carrying the objectives of investigation, such
as:
1. Identify the criminal;
2. Locate the offender; and
3. Provide (gather) evidence of his guilt.
The following are the qualities of a good investigator:
1. Must have the ability to persevere despite of obstacles and monotony of investigation;
2. Must have the ability and the intelligence to obtain vital information easily; 3. Must be
honest, incorruptible and with personal integrity;
4. Must have a knowledge of the psychology of human behavior;
5. Must possess sufficient understanding of people and their environment; 6. Must have a
keen power of observation and memory retention to accurately describe what had seen.
7. Must be resourceful and quick-witted.
8. Must have adequate or general understanding of the Rules on Evidence and procedure and
elements of specific crime under investigation.
“It must be stated that incompetent criminal investigator has led to the dismissal of some
cases.”
Crime Prevention
Define Crime Prevention
Crime Prevention is simply defined as the elimination or reduction of the desire and /or
opportunity to commit a crime.
However, their crime prevention function is being ignored by police officers because the same
will not reflect as hard data in their individual performance.
It is simply impossible to account on how many crimes are prevented by a serious to goodness
crime prevention function of an individual police officer on the beat.
Why must the police enhance its public image?
It is important for the police to enhance their image so that full cooperation of the community is
attained. It is a fact that the concerns about crime are not solely a police concern. It is also a
community concern. Therefore, there must be a police-community partnership in tackling the
issues about crime prevention and law enforcement.
What is police discretion?
1) As defined by Kenneth Culp Davis, discretion means the freedom to make a choice among
possible courses of action.
2) It is also defined as the police officer’s wise us of judgment or wisdom.
Sometimes, police discretion is a matter of life and death.
Thus, the saying. “Damn if you shoot; dead if you don’t. Such is the importance of the exercise
of discretion. The police officer and the police organization will be condemned for exercising or
using police brutality or excessive use of force or for hesitating to use the same; this might result
to the police officers’ negligence of duties, physical incapacitation or serious injuries or even
death.
The following are some of the examples of Police Discretion:
a) Whether or not to enforce a specific law.
b) Whether or not to investigate.
c) Whether or not to conduct search of people or building.
Prosecution: The Second Pillar of the Criminal Justice System
What is the prosecution as a pillar of the criminal justice system?
The prosecution as the pillar of the CJS simply means “a criminal action”. A proceeding
instituted and carried on by due course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with a crime.
It is also used to designate the government as the party to the proceeding in a criminal action.
In a criminal case, it is also referred to as the process by which formal criminal charges are
brought against a person accused of committing a crime.
In our setting who conducts the prosecution?
In our setting, the PROSECUTOR is the government office tasked to conduct prosecution of
criminal actions to court. The Revised Rules of Court expressly provides that the prosecution
has the direction and control of the case.
Although. In the Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor
is absent, the offended party, any peace officer, or public officer charged with the enforcement
of the law violated may prosecute the case. But such authority shall cease upon actual
intervention of the prosecutor or upon elevation to the Regional Trial Court.
Who is being represented by the prosecutor in the prosecution of the case?
In a Criminal prosecution, the public prosecutor represents the STATE or the People of the
Philippines.
This is so because the real offended party is the people of the Philippines, for crime is an outrage
against them, and its vindication is in favor of the people of the Philippines.
The offended party in a criminal prosecution is merely a witness; mere collateral, for the crime
that was committed by the accused is not against the offended party but against the people of the
Philippines.
What are some of the roles of the prosecutor?
The following are some of the roles of the prosecutor:
a) To conduct Preliminary Investigation.
b) To make proper recommendation during the inquest proceedings of the case referred to them
by the police after the investigation of the suspect.
c) To represent the government or state during the prosecution of the case against the accused.
d) To act as a legal officer of the province or City in the absence of its legal officer. e) To
investigate administrative cases filed against State prosecutors, Provincial Prosecutors, including
the support staff of the National Prosecution Services (NPS).
In the administration of Criminal Justice System, what is the role of the prosecutor?
The prosecutor perhaps plays the most crucial role in the administration of criminal justice
system because the office occupies a central and very important position between the police and
the Courts.
The prosecutor is the person responsible in determining whether or not to bring formal charges
against persons suspected of committing crimes and be brought to judicial proceeding. The
public prosecutor decides whether to prosecute the case or not.
What is the prosecution process?
1. Filing of complaint
2. Preliminary Investigation
3. Filing of an information
4. Arraignment
5. Filing of Bail
Filing of Complaint
Define Complaint
A complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer, charged with the enforcement of the
law violated (Sec. 3, Rule 110, Rules of Court).
A complaint is not a mere statement. It is a statement charging a person with an offense. As a
statement it must be "sworn" and "written." Be it noted too that the complaint is subscribed only
by any of the persons specified in the rule, namely, the offended party, any peace officer, or
other public officer charged with the enforcement of the law violated.
How is prosecution of criminal offenses initiated in Philippine setting?
For offenses that require a Preliminary Investigation of the criminal complaint is instituted by
the filing at the office of the Public Prosecutor (Metro Manila or Chartered Cities of the
Provinces)
For offenses that do not require Preliminary Investigation the same shall be filed at the Office of
the Public Prosecutor in Metro Manila or Chartered Cities as the case may be. In the provinces,
the same way be filed directly with the courts. (Municipal Trial Courts or Municipal Circuit
Trial Court).
For so called Private Crimes the same cannot instituted unless the private offended gives the
consent to initiates the filing of the complaint against the offender on the absence or incapacity
of the offender to initiate the filing the complaint, by those enumerated under the Rules.
For offense whose penalty do not exceed imprisonment of one (1) year regardless of fine, and
the offender is not corporation, the same shall undergo the required Conciliation proceedings at
the Katarungang Pambarangay (Barangay Justice System)
Preliminary Investigation
Define Preliminary Investigation
Preliminary Investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof and should be held for trial.
In general, what are the purposes of Preliminary Investigation?
In general, the preliminary investigation has a three-fold purpose:
a) To inquire concerning the commission of crime and the connection of the accused with it, in
order that he may be informed of the nature and character of the crime charged against him, and
if there is probable cause for believing him guilty, that the state may take the necessary steps to
bring him to trial;
b) To preserve the evidence and keep the witness with the control of the state; and c) To
determine the amount of bail, if the offense is bailable.
What are the principal purposes of preliminary investigation?
The following are the principal purposes of preliminary investigation:
a) To determine whether a crime has been committed and whether there is probable cause to
believe that the accused is guilty thereof;
b) To secure the innocent against hasty, malicious and oppressive prosecution; c) To protect him
from an open and public accusation of a crime, from the trouble, expense, anxiety of a public
trial; and
d) To protect the state from useless and expensive trials.
When is it necessary to conduct a preliminary investigation?
A Preliminary Investigation is required to be conducted before the filing of the Complaint or
Information for an offense where the penalty prescribed by law is at; least four (4) years, two (2)
months and one (1) day without regard to the fine.
The rule however is not absolute because the accused can ask for preliminary investigation in
the following cases:
1. If a person is arrested, he can ask for preliminary investigation before the filing of the
complaint or information but he must sign a waiver in accordance with article 125 of the
Revised Penal Code in the presence of his counsel (Sec.7, par. 2, Rule 112).
2. After the filing of the information or complaint in court without preliminary investigation, the
accused may, within five (5) days from the time he learns of its filing asks for preliminary
investigation (Sec. 7, par. 3, Rule 112).
Is there an instance when preliminary investigation is not required to be conducted even if
the crime is one that required Preliminary Investigation?
Yes, when the offender was arrested without a warrant, an INQUEST investigation will be
conducted by the inquest investigator. There is no need to conduct Preliminary Investigation,
unless the person arrested asks for preliminary investigation. However, before the same can
done, he must sign a waiver under the provision of Art. 125 of the Revised Penal Code.
Inquest-shall refer to an informal and summary investigation conducted by a public prosecutor
in criminal cases involving persons arrested and detained without the benefit of a warrant issued
by the Court for the purpose of determining whether or not said person should remain under the
custody and corresponding charged in court.
Is preliminary investigation a matter of right?
Preliminary Investigation is a matter of right only when the crime committed is punishable by a
penalty of at least four (4) years, Two (2) months, and one (1) day regardless of the amount of
fine. Otherwise it is not.
What is the effect if Preliminary Investigation is not accorded to the respondent or the
accused?
Denial of Preliminary Investigation to the accused or the respondent when proper shall be
considered a violation of due process because preliminary investigation is a component part of
due process in criminal justice. The right to a preliminary investigation is a substantive right.
Who are the persons authorized to conduct Preliminary Investigation? The following are the
officers authorized to conduct preliminary investigation:
a) Provincial or City Prosecutors and their assistants;
b) National and Regional State Prosecutors; and
c) Other officers as may be authorized by a law.
Give an example of other officers authorized by law to conduct preliminary investigation?
They are the following:
a) The Ombudsman and a special prosecutor and public prosecutors duly authorized by the
Ombudsman with respect to cases under its jurisdiction (ex. Anti-graft and corrupt practices act.
Bribery, among others)
b) The COMELEC with respect to cases in violation of Election Law
c) Private Lawyers when duly deputized by any of the above.
Are all judges authorized to conduct Preliminary Investigation?
No. Not Anymore.
Is the mayor authorized to conduct Preliminary Investigation?
No, the mayor is not anymore allowed to conduct preliminary investigations. The power of
mayors to conduct preliminary investigations has been revoked under the prescribed rule.
Define probable cause is the conduct of preliminary investigation as distinguished from
probable cause in the issuance of the warrant of arrest.
(a) Probable cause for the purpose of filing information by the prosecutor has been defined as
the existence of such facts and circumstances as would excite the belief, in reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person was guilty of the
crime for which he was prosecuted. (Cruz v. People,233 SCRA 439 (1994)
(b) Whereas probable cause for the issuance of a warrant of arrest is that which, based on facts
and circumstances obtaining, would lead a reasonably discreet and prudent man to believe that
an offense has been committed by the person sought to be arrested.
(c) In the former, the prosecutor determines probable cause; while in the latter, it is the judge
who determines the probable cause (People v. C.A., 301 SCRA 475 (1999)
When may a judge issue a warrant of arrest?
The rule is that an arrest warrant must be issued by a judge only after examining the
complainant and the witnesses he may produce and after finding probable cause to believe that
the person to be arrested has committed the crime. (Posadas v. Ombudsman, 341 SCRA 388)
What is the relevance of Preliminary Investigation in the administration of CJS?
In our jurisprudence, the conduct of preliminary investigation is very relevant because at the
onset of the criminal process the entry into the system of the offender is already being screened
so that a criminal complaint that does not have probable cause is not given due course.
What is the overall effect of preliminary investigation in the administration of CJS?
Primarily the effect of preliminary investigation in the criminal process is to reduce the backlog
and congestion of cases in courts.
Prosecutor’ Discretion
What are some of the discretion of Prosecutors?
The following are some of the discretion of prosecutors:
(a) Whether or not to file the case in court.
(b) What charges to file.
(c) Whether or not to decline to prosecute the arrested party.
(d) Whether or not to enter into plea-bargaining.
What is the most important prosecutorial discretion? Explain.
The prosecutor is our setting has virtually unlimited discretion and the most important
prosecutorial discretion is the deciding whether or not to file the case in court against the
accused.
Many times the prosecutor will refuse to prosecute after deciding to prosecute and bring formal
charges against the suspect, will petition the court to drop the charges.
Once the prosecutor decides to prosecute, he/she must decide the appropriate charges to filed
against the particular suspect depending on the gravity of the offense and the degree of the
participation of the accused in the commission of the crime.
Enumerate some of the reason for prosecutorial rejection of dismissal of some criminal
cases.
They are the following:
1. Insufficient evidence that results from a failure to find sufficient physical evidence that links
the defendant to the offense.
2. Witness problem that arise for example, when witness fails to appear, gives unclear or
inconsistent statements, reluctant to testify, is unsure of the identity of the offender. 3. Due
process problems that involve the violations of the constitutional requirements for seizing
evidence and for the questioning of the accused.
Filing an Information
Define Information
An information is an accusation in writing charging a person with an offense subscribed by the
prosecutor and filed with the court (Sec. 4, Rule 110, Rules of Court; People v. Cinco, G.R.
No.186460, December 4, 2009).
While an information is an accusation in writing, it is not required to be "sworn" unlike a
complaint. Only a public officer described by the Rules of Court as a "prosecutor" is authorized
to subscribe to the information (Sec. 4, Rule, 110, Rules of Court).
Like a complaint, an information is filed in the name of the People of the Philippines against all
persons who appear to be responsible for the offense involved (Sec. 2, Rule 110, Rules of
Court).
Distinctions between a complaint and an information (Bar 1999)
1. A complaint must be "sworn" hence, under oath. By the clear terms of Sec. 3 of Rule 110, it is
a "sworn written statement." An information requires no oath. Sec. 4 of Rule 110 merely
requires that it be an accusation "in writing." This is because the prosecutor filing the
information is acting under the oath of his office (Estudillo v. Baloma, 426 SCRA 83).
2. A complaint or information is subscribed by (a) the offended party, (b) any peace officer, (c)
or other public officer charged with the enforcement of the law violated (Sec. 3, Rule 110, Rules
of Court).
On the other hand, an information is subscribed by the prosecutor (Sec. 4, Rule 110, Rules of
Court).
What is the primary goal that the prosecutor may consider in charging decision?
Crime prevention is the primary goal of the prosecution in charging decision. Prosecutors
attempt to control crime by prosecuting and therefore incapacitating offenders and deterring
potential criminals.
What are some of the factors that may influence prosecutorial decisions? They are the
following:
1. Pressure from the public.
2. Pressure from the media.
3. The desire to get rid of a suspect who is a particular problem to the community. 4. The belief
that new evidence would be discovered and that such evidence would be favorable to the
suspect.
5. The nature of the complaint and the attitude of the offended party.
6. The seriousness of the offense.
7. The exchange of the relationship among the components of the CJS as well as the congestion
within and the resource demands placed upon the system.
Does the prosecutor have a greater discretion than the police?
Yes, the prosecutor has even a greater discretion that the police. The prosecutor may refuse to
file formal charges against those arrested, hence minimizing or influencing the arrest power or
decision making of the police.
What would be the effect of the above discretion of the prosecutor over the police
performance of their duty?
Although the prosecutor has no direct control over the police, this power to decline prosecution
may affect the way police operate.
If the prosecutor often refuses to prosecute certain types of cases, the police may stop making
the arrests when suspects appear to have violated those offenses.
On the other hand, vigorous prosecution of some kinds of offenses might encourage police to be
more diligent in arresting for the offenses.
Is it possible to interfere or to control the prosecutorial discretion?
No, as a general rule, and in line of cases, even the Supreme Court is reluctant to interfere in the
exercise of the prosecutorial discretion. This is in deference to the Doctrine of Separation of
Powers between co-equal branches of the government.
Save in some instances when the prosecutor is alleged to have gravely abused the exercise of his
discretion amounting to lack or excess of jurisdiction.
Is there a remedy available should the prosecutor without just cause decline to prosecute a
crime?
The following are the remedies available:
1. File a motion for reconsideration.
2. File an administrative appeal with the Secretary of Justice.
3. File an administrative case against the Prosecutor.
4. File a civil case against the prosecutor.
5. File a special civil action for grave abuse of discretion
6. File a criminal case against the prosecutor.
Prosecution Protects the Rights of the Accused
The prosecution, being officer of the legal system, have to ensure that the rights of accused as
stated in Rule 115 are being protected.
In all criminal prosecutions, the accused shall be entitle to the following rights:
a) To be presumed innocent until the contrary is proved beyond reasonable doubt. b) To be
informed of the nature and cause of the accusation against him. c) To be present and defend in
person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment. The accused may however, waive his
presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is
specifically ordered by the court for the purposes of identification. The absence of the accused
without justifiable cause at the trial of which he had notice shall be considered a waiver of his
right to be present thereat. When an accused under custody escapes, he shall be deemed to have
waived his right to be present in all subsequent trial dates until custody over his is regained.
Upon motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his rights without the assistance of counsel.
d) To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him. e) To be exempt from
being compelled to be a witness against himself.
f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize
as part of its evidence the testimony of a witness who is deceased out of or cannot with due
diligence, or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same parties and subject matter, the adverse
party having the opportunity to cross-examine him.
g) To have compulsory, process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
h) To have speedy, impartial and public trial.
i) To appeal in all cases allowed and in the manner allowed by law.
Arraignment
Define Arraignment
It is a the legal mechanism whereby an accused is brought before the court wherein the
complaint charged against him is read by the clerk of court in the presence of the lawyer and the
prosecutor in which the accused is to announce his plea. It is a stage in criminal proceedings
wherein the complaint or information is read to the accused in open court in a dialect forced or
language known to him and he is thereafter asked whether he pleads guilty or not.
Filing of Bail
What is bail?
Bail is the security given for the release of the person in the custody of the law, furnished by
him or the bondsman, to guarantee his appearance before any court as required under the
condition as specified. (Rule 114, Sec. 1, Rules of Court.)
When is bail a matter of right?
1. At the MTC, MCTC, MeTC, all persons in custody shall be admitted to bail as a matter of
right before or after conviction.
2. At the Regional Trial Court, All persons in custody of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
When is bail discretionary?
Upon conviction at the Regional Trial Court of an offense not punishable by death, reclusion
perpetua or life imprisonment, the admission to bail shall be discretionary.
Who decided when bail should be granted or not?
The decision whether or not to bail should be granted when bail is discretionary is solely a
court’s prerogative based on the strength of the evidence at hand, the gravity of the offense and
the character or risk that the accused will commit another crime or escape, among others.
When should be the bail be posted?
As a rule, bails should be filed only before the Court, which has jurisdiction over the case of the
accused, who was arrested or under the custody of the law.
As an exception, a bail may be posted or filed before the Court of the place where the accused
was arrested other than the Court where his case was filed. In some instances, when there is no
available RTC court in the place, the bail may be filed at the MTC, MeTC of the place where the
accused was arrested.
May the bail be filed in a court other than the court where the case is filed? Yes. (See the
immediately preceding answer.)
What is the purpose of bail?
The purpose of bails is to secure the appearance of the accused before the court when so
required. And of course, to provide the accused of his temporary liberty while awaiting the
processing and the disposition of the case filed against him.
What are the different kinds of bail bond?
The following are the kinds of bail bond:
1. Property
2. Cash
3. Corporate surety
4. Recognizance
Court: The Third Pillar of the Criminal Justice System
Define Court and explain its concepts in relation to the administration of Criminal Justice
System.
In our Criminal Justice System, the separate judicial branch is viewed as necessary for assuring
that the constitutional and statutory rights of citizens are not controlled by political pressures.
This is the reason why the framers of our Constitution established three branches of government
at the national level- legislative, executive, and judicial- and provided for the establishment of
one Supreme Court.
This is so, because they envisioned a separation of the powers of these three branches, although
there is some overlap. Such separation of Powers ensures the independence of each co-equal
branch.
However, because the Court have limited enforcement powers, they usually rely on the
executive branch for the enforcement of their decisions.
Enumerate the general function of the courts in relation to the CJS.
1. To protect the rights of the accused. The courts are responsible for reviewing the actions of
law enforcement agencies to ensure that the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of crime. Review all the evidence
presented by the police to determine its relevance and admissibility in accordance with the
constitution and the rules of court.
3. To dispose properly of those convicted of the crimes. The Courts have the responsibility to
examine the background of the accused and the circumstances of the crime. 4. To protect the
society. After the accused has been found guilty, the court may determine if the offender should
be removed from society and incarcerated in order to protect the safety of life and property and
this is especially true in case of Probation. 5. To prevent and reduce criminal behavior. This is
the task of properly imposing the proper penalty and sanctions that will serve to deter the future
criminal acts by the
offender and also serve as an example and deterrent to other who would commit criminal acts or
threaten public safety.
When does the role of judges in criminal case begin? Is it only during trial?
The role or participation of judges in the criminal justice system, begins long before the actual
trail takes place.
The following activities attest to this role of the judges before trial:
∙ Judges determine whether there is probable cause for the issuance of the warrant of arrest or
search warrant.
∙ They determine whether the accused will be release on bail or the amount of bail to be posted.
∙ They hear and rule on the motions made by the defense and the prosecutor before the trial.
What is the importance of the courts in the administration of CJS?
The Court is important in the administration of the CJS because the Court is the final arbiter of
all disputes or issues involving violations of criminal law or other laws as the nature of the case
may be.
Basic is the principle of law that we are a government of law and that no one should put the law
into one’s own hand. Otherwise, our society will be one where chaos and anarchy reign
supreme. Ours will be, then, one governed by the law of the jungle, so to speak. “Lex Taliones”
an eye for an eye; a tooth for a tooth.
Jurisdiction
Define Jurisdiction
Jurisdiction is the authority of the court to hear and try a particular offense and to impose the
punishment provided by law.
Define Venue
Venue refers to the place, location or site where the case is to be heard on its merits. Distinguish
Jurisdiction from Venue.
As a rule, Jurisdiction is conferred by law while venue is not.
Although in criminal cases venue is jurisdictional as the court has no jurisdiction to try an
offense committed outside its jurisdiction. However, in some cases, venue is specifically
provided by law. Also, upon the order of the Supreme Court in order to avoid miscarriage of
justice venue can be changed or be transferred.
Types of Court Jurisdiction
a) General Jurisdiction. When the court is empowered to decide all disputes that may come
before it except those assigned to other courts.
b) Limited Jurisdiction. When the court has authority to hear and determine only a few specified
cases.
c) Original Jurisdiction. When it can try and decide a case presented for the first time. d)
Appellate Jurisdiction. When it can try a case already hear and decided at the lower court
removed from the latter by appeal.
e) Exclusive Jurisdiction. When it can try and decide a case that cannot be presented to any
other court.
f) Concurrent Jurisdiction. When any two or more courts may take cognizance of a case. g)
Criminal Jurisdiction. Jurisdiction to try a case where there is punishment or penalty provided
by the law.
h) Civil Jurisdiction. Jurisdiction that exists when the subject matter is not of criminal nature.
i) Territorial Jurisdiction. The jurisdiction that based on the place of commission of the offense.
What are the different Courts and their respective jurisdiction in Criminal cases?
COURTS ORIGINAL APPELATE
JURISDICTION JURISDICTION

MUNICIPAL TRIAL COURT/ a) All violations of city NONE

MUNICIPALCIRCUIT TRIAL COURT/ and Municipal
METROPOLITAN TRIAL COURT ordinances committed
(MTC/MCTC/MeTC) within their respective
jurisdiction;
b) Over all offenses
punishable with
imprisonment not
exceeding six (6)
years irrespective of
the amount of fine;
c) Damage to property
through criminal
negligence.

REGIONAL TRIAL a) In all cases not within From decisions or judgments of the
COURT (RTC) the exclusive original MTC/MCTC/MeTC over letter (b)
jurisdiction of a any and (c) of their original jurisdiction.
court, tribunal or
body; in other words,
those which carry the
penalties exceeding
six (6) years of
imprisonment;
b) Those not covered by
the jurisdiction of the
Sandiganbayan
SANDIGANBAYAN a) Violations of R.A
3019, otherwise
known as the Anti
graft and Corrupt
Practices Act, R.A
1379, and Chapter II,
Sec. 2, Title VII, of
Book II of the Revised
Penal Code.
Officials of the executive
branch occupying the
positions of regional
director and higher,
otherwise
classified as Grade “27”
and higher.
a. Xxx
b. Xxx
c. Xxx
d. Philippine
Army and Air
Force colonels,
naval captain,
and all officers
of higher
ranks;
e. Officers of the
PNP while
occupying the
position of
provincial
director and
those holding
the rank of
senior

superintendent
or higher.
 COURT OF NONE From the decisions or
APPEALS judgments of the RTC on: a. Questions of
facts
b. Question of
law; or
c. Both questions
of facts and
law.

SUPREME NONE From the decisions or

COURT judgments of the CA and the Sandiganbayan
involving questions of law only.

How may the court acquire jurisdiction over the case?

The Court acquire jurisdiction over the case upon the filing of the information.
The determination whether or not the Court is the proper Court of Jurisdiction is determined by
the allegations in the information. That is in accordance with the nature of the offense or the
impossible penalty upon the offense committed and the territorial jurisdiction of the Courts.
How may jurisdiction over the person of the accused be acquired?
Jurisdiction over the person of the accused is acquired through his arrest or by his voluntary
submission to the custody of the proper authorities. (People v. Meris, G.R. No. 11745)
What is the effect should the court not acquire jurisdiction over the case or over the
person of the accused?
Should the Court does not acquire jurisdiction or when jurisdiction is improperly acquired, the
court is ousted of its authority to hear and /or decide the case. Any decision rendered by such
Court shall be considered as void for lack of jurisdiction.
Distinguish between Judges and Courts
The words “courts” and “judges” are used synonymously and interchangeably, generally
speaking. In ordinary parlance, “judges” are spoken as “courts” and the “courts” are referred to
when the person means “judges”. But there is an important distinction between the court as an
entity, and the person who occupies the position of judge. Courts may exist without a judge.
There may be a judge without a court.
What is the role of judges in criminal case? At the trial? At sentencing? At the trial, judges
are “referees.”
Theoretically, they are neither for nor against particular position or issue, but rather are
committed to the fair implementation of the rules of evidence and the law. They are charged
with the responsibility of making sure that attorneys (prosecutor or defense) play by the rules of
the games, so to speak.
At the sentencing, the decision is probably the most important one made by the judge in a
criminal case. By uttering a few words he determines whether a person will be free or be
imprisoned, and the latter, for how long. It is because at the sentencing, the judge will determine
the guilt or innocence of the accused.
Judges; their qualifications
What are the qualification of judges and justices?
The following are the qualification of members of the Judiciary:
General Qualifications:
Of proven competence, integrity, probity and independence.
Additional Qualifications:
a. Supreme Court Justices: Natural born citizen of the Philippines, at least 40 years of age. For
15 years or more a judge of lower court or engaged in the practice of law in the Philippines.
b. Lower Collegiate Court Justices: Natural citizen of the Philippines, member of the
Philippine Bar. In addition, Congress may prescribe other qualifications.
c. Lower Court Judges:
1) RTC. (a) Natural-born citizens of the Philippines, (b) at least 35 years of age and (c) for at
least 10 years, has been engaged in the practice of law in the
Philippines or has held a public office in the Philippines requiring admission to the practice of
law as an indispensable requisite. (d) In addition Congress may prescribe additional
qualifications. (sec. 15-16, B.P. 129 or Judiciary
Reorganization Act of 1980)
2) MTC/MCTC/MeTC. (a) Natural-born citizen of the Philippines, (b) at least 30 years of age,
and (c) for at least 5 years has been engages in the practice of law in the Philippines, or has held
a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite.
Court’s Exercise of Discretion
Do courts exercise discretion? Enumerate some example.
Yes. It is an important part of their function in the administration of Justice. The following are
some of the court’s exercise of discretion in criminal cases:
1) To set bail or set conditions for the release of the accused.
2) To rule on the procedural matters as raised by the defendant or the prosecutor during the
trial/
3) To impose sentence or not.
4) To convict or to acquit the accused.
5) To revoke probation or suspended sentence.
What is the present crisis we have in Courts?
The most serious problem in our court today is the pressure placed on the courts, on defendants,
and on society by the increase numbers of cases tried and appealed. In particular, these results in
the clogging of courts dockets or court congestion.
How are judges and justices of our courts selected and appointed?
1) All members of the judiciary are to be selected and recommend for appointment by the
Judicial and Bar Council. (Art. VIII, Sec. 8(5), Phil Constitution)
2) However, the appointment of the members of the Supreme Court and judges of the lower
courts shall be appointed by the President from the list of at least three nominees prepared by the
Judicial and Bar Council for every such vacancy. (Art VIII, Sec. 9. Phil. Constitution)
What is the court process?
1. Arraignment
2. Motion to quash
3. The accused enters his plea.
4. If the accused plead not guilty the court shall order a PRE-TRIAL otherwise the court will
render judgment.
5. Trial
6. Judgment
7. Promulgation of Judgment
8. New Trial or Reconsideration
9. Appeal
Arraignment
What is arraignment?
Arraignment is the stage where the issues are joined in criminal action and without which the
proceedings cannot advance further or, if held, will otherwise be void. It is also during
arraignment when the accused acquires jurisdiction of the person of the accused by the presence
of the latter and his entry of plea (guilty or not). It is a stage in criminal proceedings wherein the
complaint or information is read to the accused in open court in a dialect forced or language
known to him and he is thereafter asked whether he pleads guilty or not.
What is the four-fold duty of the Court in arraignment?
The following are the four-fold duty of the court during the arraignment:
1. To inform the accused that he has the right to have his own counsel before arraignment.
2. After giving such information, the court must ask the accused whether he desires the aid of
the counsel;
3. If he so desires, to procure the services of the counsel, the court must grant a reasonable time
to do so; and
4. If he so desires to have a counsel but is unable to employ one, the court must assign a counsel
de officio.
Is the presence of the accused necessary in arraignment?
Yes, the personal presence of the accused during the arraignment is necessary.
The Supreme Court has held in several decisions that there can be no arraignment in absentia.
Arraignment is a formal procedure “to afford an accused due process” to be informed of his
right to be informed of the nature and cause of the accusation against him (People v. Nuelan,
366 SCRA 705). Thus, the accused has to be present, otherwise any plea of guilt entered on his
behalf during arraignment is invalid.
Motion to quash
What is a motion to quash? And what are the grounds?
A motion to quash is a hypothetical admission of facts alleged in the information; hence, the
court in resolving the motion cannot consider facts contrary to those alleged in the information.
This is like a motion to dismiss in civil cases.
The following are the grounds:
1) That the facts charged do not constitute an offense;
2) That the court trying the case has no jurisdiction over the offense charged; 3) That the court
trying the case has no jurisdiction over the person of the accused; 4) That the officer who filed
the information had no authority to do so;
5) That it does not conform substantially to the prescribed form;
6) That more than one offense is charged except when a single punishment for various offense is
prescribed by law;
7) That the criminal action or liability has been extinguished;
8) That it contains averments which if true, would constitute a legal excuse or justification; and
9) That the accused has been previously convicted or acquitted of the offense charged, or the
case against him was dismissed or otherwise terminated without his consent.
Plea
Define Plea
The matter which the accused, on his arraignment, alleges in answer to the charge against him.
When should a plea of NOT Guilty be entered?
1. When the accused so pleaded.
2. When he refuses to plead.
3. Where in admitting the act charges, he sets up matters of defense or with lawful justification.
4. When he enters a conditional plea of guilt.
5. Where, after a plea of guilt, he introduces evidence of self-defense or other exculpatory
circumstances.
6. When the plea is indefinite or ambiguous.
7. If the accused refuses to plead, or makes a conditional plea of guilty, a plea of guilty, a plea of
NOT guilty shall be entered for him;
May an accused validly plea to a lesser offense without the consent of the offended party?
Yes, the accused may plea to a lesser offense but the same should be with consent of the
offended party and the prosecutor, and provided that the same is necessarily included in the
offense charged.
What is the nature of a guilty plea?
The plea of guilty of the accused is an admission of his guilt of the crime charged in the
information and of the truth of the facts therein alleged including the qualifying and the
aggravating circumstances.
Pre-trial
What is Pre-Trial?
A conference conducted before the formal trial proceedings.
When can there be a pre-trial?
There can be a pre-trial when the accused pleads not guilty at the arraignment. What is the
purpose of a pre-trial?
Among the purpose of pre-trial are the following:
1. Plea bargaining;
2. Stipulation of facts;
3. Marking or identification of evidence;
4. Such matter as will promote a fair and expeditious trial of the criminal and civil aspects of the
case.
Plea Bargaining
The process of discussion or negotiation between the defense counsel and the prosecutor aimed
at reaching an agreement whereby the prosecutor uses discretion to obtain from the judge a
lighter sentence in exchange of the defendant’s plea of guilty.
The process of plea bargaining is entered into between the prosecutor and the defense lawyer
before the accused is arraigned.
Trial
What is meant by continuous trial?
As a general rule, trial once commenced shall continue from day to day as far as practicable
until terminated.
As an exception, it may be postponed for a reasonable period of time for good cause. In no case
shall the entire period exceed one hundred eighty (180) days from the first day of trial, except
otherwise authorized by the Supreme Court.
What is the order of trial?
The order of trial shall proceed in the following order:
a. The prosecution shall present evidence to prove the charge and, in proper case, the civil
liability.
b. The accused may present evidence to prove his defense and damages, if any.
c. The prosecution and the defense may, in that order, present rebuttal evidence unless the court,
in the furtherance of justice, permits them to present additional evidence bearing upon the main
issue.
d. Upon the admission of the evidence of the parties, the case shall be deemed submitted for the
decision unless the court directs them to argue orally or to submit memoranda.
e. When the accused admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified.
What is the importance of adhering to the order of trial?
Adhering to the order of trial is important because it is intended to safeguard and protect the
fundamental right of the accused to be presumed innocent until the contrary is proven.
This right is founded upon the principle of justice and designed not to protect the guilty but to
prevent as far humane agencies can, the conviction of an innocent person.
In the trial of criminal cases, the Constitutional presumption of innocence in favor of the
accused requires that the accused be given sufficient opportunity to present his defense.
When may trial courts modify the order of trial?
When the accused admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified. (Sec. 11, Rule 119, Rules of
Court.)
Who has the control in presenting the state’s witness?
The selection and the presentation of the state’s evidences or witnesses belong to the Public
Prosecutor.
May an accused be discharged as a state witness?
Yes, an accused may be discharged as a state witness.
This rule is relative to the right of the government prosecutor tom utilize a person who has
participated in the commission of the crime as a witness for the prosecution.
The following are the rules regarding the discharge of an accused to be a state witness:
a. There is absolute necessity for the testimony of the accused whose discharge is requested;
b. There is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused.
c. The testimony of said accused can be substantially corroborated in its material points; d. Said
accused does not appear to be the most guilty; and
e. Said accused had not at any time been convicted of any offense involving moral turpitude.
What is the effect of the discharge of an accused?
The discharged of the accused operates as an acquittal and shall be a bar to future prosecution of
the same offense, unless the accused fails or refuses to testify against his co-accused in
accordance with the sworn statement constituting the basis for his discharge.
Judgment
What is the definition of judgment?
A judgment is the law’s final word pronounced by a competent authority in a controversy
submitted to it.
The adjudication by the court that the accused is guilty or not guilty of the offense charged and
the imposition of the proper penalty including civil liability provided for by the law on the
accused.
Its elements are the following:
a. The existence of a controversy or issue;
b. The authority of the court to hear and decide the case (jurisdiction); and c. The decision of the
court having jurisdiction over the case or submitted issue or controversy.
What is the weight of evidence required in order to convict the accused?
The weight of evidence required in order to conduct an accused is “Proof beyond reasonable
doubt”.
What is meant by acquittal and its effect?
Acquittal is a finding of not guilty based on the merits. Meaning, the accused is acquitted
because the evidence does not show that his guilt is beyond reasonable doubt or a dismissal of
the case after the prosecution has rested its case and upon motion of the accused on the ground
that the evidence fails show beyond reasonable doubt that the accused is guilty.
Is there an existing provision of law governing suspension of sentence? Yes, the provisions
of P.D. 968 on Probation law of the Philippines.
Distinguish suspension of sentence from suspension of promulgation and its effect.
In the suspension of sentence, it is the imposition and execution of the sentence after the
promulgation of judgment is suspended. The effect of suspension of sentence, like in probation,
is that the offender if NOT DISQUALIFIED is given a chance to serve his sentence outside of
correctional institutions by complying with the contract or conditions for probation. It is only
after the failure of the offender to comply with the conditions of probation that the offender will
be made to suffer the sentence imposed inside a correctional institution. In short the suspension
of the execution of sentence will be lifted and the offender will be made to suffer the penalty
determined by the court.
In the suspension of promulgation, it is the reading of the judgment that is suspended. There is
no finding of conviction, no reading of the decision to the accused and imposition of the penalty.
If the offender complies with the conditions for the rehabilitation, the case filed will be
dismissed. On the other hand, if there is non-compliance, the suspension of promulgation will be
lifted, there will be pronouncement of judgment, and the sentence or penalty will be imposed.
Promulgation of Judgment
The judgment is promulgated by reading it in the presence of the accused and any judge of the
court in which it was rendered. However, if the conviction is for a light offense, the judgment
may be pronounced in the presence of his counsel or representatives. When the judge is absent
or outside the province or city, the judgment may be promulgated by the clerk of court.
It is an official proclamation or announcement of judgment. It consists of reading the judgment
or sentence in the presence of the accused and any judge of the court rendering the judgment.
New Trial or Reconsideration
New Trial defined- the rehearing of a case already decided but before the judgment of
conviction therein rendered has become final, whereby errors of law or irregularities are
expunged from the record, or new evidence is introduced, or both steps are taken.
A motion for new trial or reconsideration should be filed with the trial court within 15 days from
the promulgation of the judgment and interrupts the period for perfecting an appeal from the
time of its filing until notice of the order overruling the motion shall have been served upon the
accused or his counsel.
Appeal
What is the concept of appeal?
Appeal is a statutory right granted to the accused or even the government in proper cases to seek
remedy before an Appellate for the annulment or reversal of an adverse decision or conviction
rendered by the Trial Court against him/her.
Appeal, defined- a proceeding for review by which the whole case is transferred to the higher
court for a final determination.
Is this a constitutional right?
No, the right to appeal is not a Constitutional right. It is merely a statutory right. However, once
such right to appeal is proper, denial of the same will constitute a denial of due process. Appeal
in this case in not merely a procedural right but a substantive right.
Who has the right to appeal?
As a rule this right is only granted to the convicted offender. However, the Supreme Court in
one of its landmark decision held that the right to appeal shall not be denied to the government
prosecutor when proper. People vs. Santiago, 174 SCRA 143
What is the effect of denial of appeal?
The denial of appeal when proper shall constitute a violation of the right to due process.
Correction: The Fourth Pillar of the Criminal Justice System
Define Correction.
1. Correction is a branch of criminal justice concerned with the custody, supervision, and
rehabilitation of convicted offenders.
2. As a process, Correction refers to the reorientation or re-instruction of the criminal offender in
order to prevent him/her from repeating his deviant or delinquent actions. In correcting the
deviant behavior of the offender, the process does not consider the necessity of taking punitive
actions.
3. Correction is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.
What are the general functions of Correction in relation to the administration of CJS?
The following are the general functions of Correctional institutions:
1) To maintain the institutions. The correctional component is responsible for maintain prisons,
jails, and other institutional facilities to receive convicted and sentenced offenders for periods of
incarceration.
2) To protect law abiding members of society. Correction is responsible for providing custody
and security in order to keep sentenced offenders removed from the free world so that they
cannot commit further crimes on society.
3) To reform offenders. Correction is responsible for developing and providing services to assist
them in returning to society and in leading a non-criminal life after his/her release. 4) To deter
crimes. Corrections is responsible for encouraging incarcerated and potential offenders to lead
law-abiding lives.
When does Corrections enter into the picture in the administration of the CJS?
Correctional institutions enter into the picture, as rule, when the conviction of the accused has
become final and executory. That is, when the judicial process has been completed and the court
issues a MITTIMUS for the enforcement of its decision.
What is meant by Mittimus?
Mittimus is a warrant issued by a court bearing its seal and signature of the judge directing the
jail or prison authorities to receive the convicted offender for service of sentence.
What is meant by Commitment Order?
A Commitment Order is a written order of a court on authority consigning a person to jail or
prison for detention.
Purposes of Corrections
What are the purposes of Correction?
The following are the purposes of corrections:
1) Deterrence
2) Rehabilitation
3) Reintegration
4) Isolation and Incapacitation
5) Punishment
Explain the concept of deterrence?
Deterrence is one of the most meaningful principles of corrections. Its concept is that punishing
the criminal will reduce the incidence of criminal behavior in a society.
What are the two major applications of deterrence?
1. The concept of general deterrence. This can be thought of as the power of criminal law and
the agencies of criminal justice to deter offenders from committing crimes. The threat of arrest,
conviction, and imprisonment then prevents a person from committing a crime, which in the
absence of these sanctions might otherwise commit.
2. The concept of special deterrence. This form of deterrence, theoretically, is designed to
prevent further crimes by someone who has already experience the sanctions imposed by the
law through the mechanisms of the courts and imprisonment.
Explain the concept of Rehabilitation.
The goal in this purpose links the criminal behavior with abnormality or some form of
deficiency in the criminal. It assumes that human behavior is the product of an antecedent cause
and that to deal effectively with any deviant behavior, these various cases must be identified- be
they physical, moral, mental, social, vocational or academic.
Once the problems has been diagnosed and classified for treatment, the offender can be
corrected by the right psychological therapy.
Explain the concept of Reintegration.
This model is a more practical and realistic extension of the rehabilitative philosophy. Like the
rehabilitative model, it views the offender as needing help; but at the same time it recognizes
that criminal behavior is often the result of a disjunction between the offender and the society.
The reintegrative model realizes that society and the individual are inseparable, and therefore
the offenders’ environment is also emphasized. If the offenders are to be helped, then they must
be assisted in coping with the forces of the everyday environment to which they will return upon
release from prison.
Explain the concept of Isolation and Incapacitation.
The idea of incapacitation rests on the idea that convicted criminals should be rendered
physically unable to continue their criminal acts whether this is accomplished by imprisonment
and thereby the removal of the individuals from society or by the imposition of death penalty in
criminal cases.
In contrast, isolation is the major impetus behind the exile and the method of transportation of
dealing with the offender.
Explain the concept of punishment.
The general concept is that it is the infliction of some sort of pain on the offender for violating
the law. In the legal sense it is more of an individual redress or person vengeance.
Punishment, therefore, is defined as the redress that the state takes against the offending
member.
Punishment is also a form of disapproval for certain behaviors that is followed by the imposition
of penalty. Punishment makes the offender stigmatized and penalized.
What are the justifications of punishment?
The following are the justifications of punishment:
1. Retribution or personal vengeance
2. Expiation or Atonement
3. Deterrence
4. Protection
5. Reformation
Enumerate the limitations of punishment.
The following are the limitations of punishment:
1. Makes the criminal cautious in concealing his criminal activities resulting to unsolved
crimes.
2. Stigmatize the criminal and isolates him from the society.
3. Makes him a martyr or a hero.
4. Develop in the criminal an anti-social grudge and strong resentment to authority. 5.
Punishment does not deter, repair damage to society or reconstruct the personality of the
offender.
Enumerate some trends of punishment.
The following are some trends of punishment:
1. Developments of exemptions
2. Executive clemency
3. Decline in the severity of punishment
4. Growths of modifications in imprisonment.
5. Indeterminate Sentence
6. Suspended Sentence or Reprieve
7. Probation
8. Conditional Pardon
9. Short Sentence and
10. Fines
What is Executive Clemency?
The power of executive clemency is a tacit administration that human institutions are imperfect
and that there are infirmities in the administration of justice. The power, therefore, exists and an
instrument for correcting these infirmities and for mitigating whatever harshness might be
generated by a too harsh or strict application of law.
What are the various forms of Executive Clemency?
The various forms of executive clemency are:
1. Reprieves
2. Commutations
3. Pardons
4. Remission of fines and forfeitures and
5. Amnesty
What is reprieve?
A reprieve postpones the execution of an offense to a latter day.
What is commutation?
Commutation is a remission of a part of the punishment; a substitution of a less penalty for the
one originally imposed.
What is remission of fines and forfeitures?
As the term suggests it is self-explanatory. However, it only merely prevents the collection of
fines or the confiscation of forfeited properly.
What is pardon?
Pardon is an act of grace, proceeding from the power entrusted with the execution with the laws,
which exempts the individual on whom it is bestowed from the punishment the law inflicts for
the crime he has committed.
A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete
without acceptance. It may then be rejected by the person to whom it is tendered; and if it be
rejected, we have discovered no power in a court to force it on him.
What are the two kinds of Pardon?
The following are the kinds of pardon:

✔ Absolute pardon when the convict is released without any condition.

✔ Conditional pardon when the release of the convict is subject to certain conditions that the
pardonee must comply with strictly. Otherwise, such pardon will be revoked. This is so, because
pardon is a contract which the convict may or may not accept, but once accepted, he has to abide
with the conditions provided.
What is an amnesty?
Amnesty “commonly denoted the general pardon to revels for their treason and other high
political offenses,” or the forgiveness which one sovereign grants to the subjects of another, who
have offended by some breach of the law or nations.
What is an Indeterminate Sentence?
It is a kind of correction and rehabilitation where the focus in on the early release of the
sentenced prisoner after serving the minimum of his sentence as previously determined by the
court based on the guidelines provided by law.
The release from prison is dependent on the offenders’ rehabilitation and readiness for
reintegration.
The release date is determined on how quickly the offender is progressing in his rehabilitation
and depending on the judgment of the Parole board.
Explain the concept of Parole.
Parole is a procedure by which prisoners are selected for release on the basis of the individual
response to the correctional institution and he service progress and by which they are provided
with the necessary controls and guidance as they serve the remainder of their sentences within
the free community.
What is the elements of Parole?
They are the following:
a) That the offender is convicted;
b) That he serves part of his sentence in prison;
c) That he is released before the full expiration of his sentence;
d) That said release is conditional; and
e) The he remains on parole until the expiration of his maximum sentence.
What is probation?
Probation is a disposition under which a defendant after conviction and sentence, is released
subject to the conditions imposed by the court and to the supervision of a probation officer.
What are the purposes of Probation?
They are the following:
1. Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
2. Provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offense.
Define Penology.
Penology is simply means the treatment of criminals.
Define Corrections.
Correction is that branch of the criminal justice system charger with the custody, supervision
and rehabilitation of a convicted offender.
What are the areas of Corrections?
1. Institutional Based Corrections and
2. Non-Institutional Based Corrections.
Enumerate the different Institutional Corrections or Custodial Branches of the NBP. The
following are the different custodial branches of the NBP?
1. The New Bilibid Prison at the Muntinlupa City.
∙ Camp Bukang Liwayway- minimum security prison
∙ Camp Sampaguita- institutions found in it are the following:
a) Reception and Diagnostic Center
b) Medium Security Unit, and
c) Youth Rehabilitation Center
2. San Ramon Prison and Penal Farms, San Ramon, Zamboanga.
3. Iwahig Prisons and Penal Farms located at Iwahig, Palawan.
4. Leyte Regional Prisons, Leyte
5. Davao Penal Prisons and Penal Farms, Davao
6. Correctional Institutions for Women, Mandaluyong City.
7. Sablayan Prisons and Penal Farms, Sablayan, Oriental Mindoro.
What are the alternatives for confinement in order to prevent prison congestion? The
following are the alternatives to confinement to prevent prison congestion:
1. Elimination from the jails of those who belong to elsewhere such as those to be at the mental
hospital, training schools, foster homes or to the care of the social welfare. 2. Adoption of the
Restorative Justice, concept of Intervention and Diversion programs. 3. Payment of fines instead
of Imprisonment.
4. Extensive use of probation.
5. Establishment of more farm units and the forestry camps for minimum security prisoners
serving short sentence.
6. Delayed sentence is a procedure which permits a prisoner to pursue his normal job during the
week and return to the jail to serve his sentence during non-working hours.
Jails
What is a Jail?
Jail is the place for the temporary confinement for persons awaiting court action and the
convicted offenders serving short sentence.
Jails are used to house wide range inmates at the various stage of criminal justice processing.
Who are those confined in jails?
They are the following:
1. Those who cannot post bail either because they cannot afford the required or the services of a
bail bondsman or who have been denied bail by the courts, while awaiting for the trial.
2. Those who are convicted of a crime and sentenced to serve an imprisonment of up to three
years.
3. Those who are sentenced to serve a prison sentence of more than three years while awaiting
state transfer to the Bureau of Prisons/Corrections.
What is the most frequent form of incarceration?
Jails are the most frequently experienced form of incarceration. There is no exact data on the
number of prisoners admitted in jails, but certainly it is many times the number of prisoners
received in prisons.
What are the defects present day jails in the Philippines?
1. Inadequate, deteriorated, outmoded building, including failure to plan new construction at a
long-range basis.
2. Inefficient personnel to provide safe and suitable supervision.
3. Overcrowding and lack of classification system.
4. Unsanitary conditions, both as to equipment and the management.
5. Existence of unnecessary idleness owing to lack of construction work program. 6. Failure or
inadequate use of prisoners’ time due to the absence of proper educational and recreational
programs.
7. Substandard food services and failure to meet standards on management and nutrition. 8.
Inadequate medical services.
9. Lack of uniform and record statistics.
What is jail in relation to the administration of the CJS? Explain.
Jails are integral parts of the Criminal Justice System. Although it is considered as a subsystem
of the corrections component, it plays a far more important role than the classification would
suggest.
Jails serve as the portal to the Criminal Justice System. It is important indicator of the interest
and concern with justice, punishment, and rehabilitation expressed by society and the local
community.
What is the relation of jail with the police? With the courts?
With the police:
The relationship of the jail to the police is one of accommodation and necessary cooperation.
The jail has the responsibility to accept any prisoner who is legally arrested and can be legally
received and detained.
Because the jails hold the accused until the formal machinery of criminal justice begins to move,
jail personnel and the police have to work together.
With the courts:
The jails and the courts must also work in close cooperation. The Court both influences the jail’s
activity and in turn is dependent on the jails successful handling of the court-imposed workload.
Types of Jails
What are the types of Jails?
The following are the types of jails:
1. Lock up- this is a security facility, usually operated by the police station, for the temporary
detentions of persons held for investigation or awaiting preliminary investigation before the
prosecutor.
2. Ordinary Jail- the place of confinement for detention prisoners and sentenced prisoners
serving short sentences.
3. Workhouses, Jail farms or Camp- these institutions house the minimum custody offenders
serving short sentence.
Classification of Jail Prisoners:
a) Detention Prisoners- those detained for investing, hearing, or trial.
b) Sentenced Prisoners- offenders who are committed to the jail/prison to serve sentence after
final conviction by a competent court.
c) Prisoners who are on safekeeping- includes non-criminal offenders who are detained in order
to protect the community, example: insane persons.
What are the classifications of prisoners as to the place of confinement? The following are
the classifications of prisoners as to the place of confinement:
1. Municipal prisoners- those whose sentences are from one day to six months. Their place of
confinement is in the Municipal Jail.
2. Provincial Prisoner- those whose sentences are from six months and one day to three years.
Their place of confinement is in the Provincial Jails.
3. City Prisoners-those whose sentences are from one day to three years. Their place of
confinement is in the City Jail.
4. Insular Prisoners- those whose sentences are more than three years to death penalty. Their
place of confinement is at the National Bureau of Prisons in Muntinlupa.
Explain the concept of Community- Based Correction? And the rationale for this concept.
Community-based Corrections apply not only to changes in the traditional location and use of
prisons but also to the inclusion of specific correctional efforts within this new design. The
government is forced to consider community-based corrections as an alternative to
imprisonment. This is probably the result of an effort to relieve the presence of jail
overcrowding.
Prison administrators are realizing that massive and isolated prisons do not provide the best
setting for correctional efforts. To achieve the correctional goals of imprisonment, institutional
programs and inmates must interact more with the society.
In essence, the basic idea behind community-based corrections is Diversion: Directing offenders
away from the traditional process of imprisonment.
Diversion means diverting incarcerated offenders to special programs and institutions instead of
warehousing them in a conventional prison.
What are the different Community-Based Programs?
At present the following are the known common types of community-based corrections
programs:
1. Work release. In this program, selected inmates are released from the institution during the
day to go to their job in the community while spending daily after-work hours on weekends in
confinement.
2. Academic-pass or steady release. Are similar to work-release in that inmates are permitted to
leave the institution to attend school and return to prison or community facility after class.
3. Conjugal and Family Visitation. In this program, the spouse and in some instances the
children of the inmate are permitted to visit in a special facility of the prison. Usually, a separate
section of prison or small cottages are made available and the inmate may have the privacy and
engage in the physical phase of the conjugal relationship.
4. Home furlough. In this program, the inmate returns home for a few days without supervision.
This is intended to build a solid base of community and family support before the inmate walks
out the front gate of the prison.
What is good conduct time allowance?
This is an allowance given in consideration for the good conduct of the prisoner and as a
motivation for his good behavior while serving his sentence. These allowances are granted by
the Director of Prisons and once given cannot be revoked.
In essence, for good conduct of the prisoner, a number of days are deducted from the length of
years that a prisoner have been sentenced to serve.
Correctional Discretion
Enumerate some of the correctional discretion.
They are the following:
1. To determine the prison institution where the offender will be imprisoned. 2. To determine the
types of the programs to which the offender will be imprisoned. 3. To determine the degree of
severity.
4. To award privileges.
5. To grant or deny “good time”
6. To punish for disciplinary infractions.
7. To make recommendation to the parole board.
Legal Basis of Correctional Administration in the Philippine Setting
Based on the 1987 Philippine Constitution:
1. The State values the dignity of every human person and guarantees full respect for human
rights (Sec. 11, Art.II).
2. No person shall be detained solely by reason of his political beliefs and aspirations (Sec. 18
(1), Art. III)
3. No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted (Sec. 18, (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading punishment or in human
punishment inflicted. x x x (Sec.19 (2), Ibid.)
5. The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law (Sec. 19, (2), Ibid.)
According to the Revised Penal Code, no felony shall be punishable by any penalty not
prescribed by law prior to its commission. (Art. 21 RPC).
Correctional Agencies in the Philippines
∙ Agencies engaged in institutional corrections
1. Bureau of Corrections
2. Provincial Jails
3. Bureau of Jail Management and Penology
∙ Agencies engaged in non-institutional correction
1. Parole and Probation Administration (PPA)
2. Board of Pardons and Parole
3. Department of Social Welfare and Development
(Bureau of Child and Youth Welfare)
Form of punishment
1. Death Penalty-capital punishment
2. Imprisonment- the legal process of confining the offenders in prison for the purpose of
protecting the public and at the same time rehabilitating them while undergoing institutional
treatment program.
3. Destierro (banishment/exile)- the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25km.-perimeter. 4. Fine or
compensation
5. Civic duties
Duration of Penalties
1. Reclusion Perpetua. Imprisonment of 20 years and 1 day to 40 years. 2. Reclusion Temporal.
Imprisonment of 12 years and 1 day to 20 years. 3. Prision Mayor. Imprisonment of 6 years and
1 day to 12 years.
4. Prision Correctional. Imprisonment of 6 months and 1 day to 6 years. 5. Arresto Mayor.
Imprisonment of 1 month and 1 day to 6 months
6. Arresto Menor. Imprisonment of 1 day to 30days
7. Bond to keep the peace or fine. The amount of fine to be imposed is discretionary with the
court.
Community: The Fifth Pillar of the Criminal Justice System
What is the role of the Community as the fifth pillar of the Criminal Justice System?
Define Community in this connection.
The community has an unpararelled role as the fifth pillar of the Criminal Justice System.
In this connection, the community is understood to mean as “elements that are mobilized and
energized to help authorities in effectively addressing the law and order concern of the citizen.
Explain the responsibilities of the community in relation to Law Enforcement.
As one of the pillars or components of the Criminal Justice System, the community with its
massive membership has vital responsibilities in terms of crime control, maintenance of order
and the like.
The citizens can achieve these roles by, among others:
1. Identifying offenders;
2. Giving data about the illegal activities and cohorts of the criminals, and the proliferation of
organized crimes and syndicates.
3. Volunteering as witnesses;
4. Adopting precautionary and remedial measures to diminish crime.
As has been pointed out, crime prevention is not the sole responsibility of the police but is
equally the concern of every citizen in order to have a peaceful place to live in. To make the
neighborhood as safe, it is suggested by some authorities that the concept of Community
Policing be adopted to give truism to the philosophy or belief that the police and community
together can accomplish what neither can accomplish alone.
The Community Policing concept suggest that rethinking or revisit of the roles of the police and
the restructuring of the organization including the training approaches for the personnel of the
police organization.
According to Sir Robert Peel (1829), the following are the principles on which the police force
is to be based:
1. The duty of the police is to prevent crime and disorder.
2. The power of the police is to fulfill their duties is dependent on public approval and on their
ability to secure and maintain public respect.
3. Public respect and approval also mean the willing cooperation of the public in the task of
securing observance of the law.
4. The police must seek and preserve public favor not by pandering to public opinion but by
constantly demonstrating absolutely impartial service to law.
5. The police should strive to maintain a relationship with the public that gives reality to the
tradition that the police are the public and the public are the police.
6. The test of police efficiency is the absence of crime and disorder, not the visible evidence of
police action in dealing with these problems.
Accordingly, Peel believed that the police and the community are interdependent of each other.
According to Gehrand (2000, p.111) there is no police department that can control crime and
disorder without the consent and voluntary compliance by the public.
Define Community Policing.
There are many definitions of Community Policing as it evolves and being adopted:
According to Frazier (2000, p.1), it is proactive, solution-based, and community-driven. It
occurs when the police and law-abiding citizens work together to do four things: ∙ Arrest
offenders
∙ Prevent crimes
∙ Solve ongoing problem, and
∙ Improve the overall quality of life.
 FLOWCHART OF CRIMINAL
PROCEDURE

CRIME

ARREST WITHOUT WARRANT

INQUEST
POLICE INVESTIGATION
COMPLAINT BY OFFENDED PARTY

PRELIMINARY
INVESTIGATION

FILING OF
DISMISSED
PROBABLE

PROBABLE CAUSE
INFORMATION
ARREST WITH
WARRANT/COMMITMENT ORDER
CAUSE
MOTION
TO
QUASH

PLEA ARRAIGNMENT SUFFICIENT? GUILTY

PLEA (NOT
GUILTY)
PLEA BARGAINING PRE - TRIAL
DISMISSED

PLEA
GUILTY TO LESSER
OFFENSE
AGREE/ REJECT
PRESENTATION OF PROSECUTION
EVIDENCE
PRESENTATION OF DEFENSE EVIDENCE
JUDGMENT
DEMURRER
SUFFICIENT?
DISMISSED

ACQUITTAL CONVICTION APPEAL